SK. HAIDAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner invoking Sec. 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr. P.C.') has filed the instant petition for quashing of the proceeding and order dtd. 16/3/2012 passed in G.R. Case No.1273 of 2007 by the learned S,D,J,M, Bhadrak and for such other directions as may be considered just and proper in the facts and circumstances of the case on the grounds inter alia that the victim informant by an affidavit expressed her unwillingness to pursue the case even by denying the allegations made in the FIR which was not taken into consideration by the court below.

(2.) FIR No.727 of 2007 was registered under Sec. 376 IPC which was at the instance of the informant for having been subjected to rape. The details of the incident leading to the lodging of FIR are revealed from the report itself. Thereafter, Bonth P.S. No.72 dtd. 19/9/2007 was registered under Sec. 376 IPC alleging the involvement of the petitioner and then investigation was commenced. Finally, the charge sheet was submitted under the alleged offence whereupon the learned court below took cognizance of the offence and by order dtd. 16/3/2012, in view of the absence of the petitioner, issued warrant of arrest against him and at that stage, the victim informant filed an affidavit stating that she did not want to proceed further in the case but the case was posted to 7/4/2012 awaiting execution of warrant. A copy of the above order is at Annexure-5. The petitioner contends that in view of said affidavit dtd. 16/3/2012, wherein, the informant back tracked from her allegations made in the FIR, further proceeding in G.R. Case No.1273 of 2012 should be brought to an end.

(3.) Heard Mr. A.K. Mohapatra, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned ASC for the opposite party State.